Carroll v. W. R. Grace & Co.

This case is before us on certified questions from the Ninth Circuit Court of Appeals concerning the point at which a Montana wrongful death action accrues. We accepted certification pursuant to Rule 44 of the M.R.App.P.

Appellant (and defendant), W.R. Grace and Company, claims that the action accrues at the date of injury. Respondent (and plaintiff), Edith Carroll, claims that a wrongful death action accrues at the death of the injured person. We conclude that a wrongful death action does not accrue until the death of the injured person.

Charles Carroll (decedent) was employed by W.R. Grace…